The FCA and the PRA have published their long-awaited consultations which aim to formalise how firms approach diversity and inclusion.
On 25 September 2023, the FCA and the PRA published separate but related consultation...more
10/2/2023
/ Compliance ,
Compliance Monitoring ,
Consultation ,
Corporate Governance ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Proposed Regulation ,
Prudential Regulation Authority (PRA) ,
UK ,
Willful Misconduct
Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement.
Regulators on both sides of the Atlantic are placing...more
9/29/2023
/ Acquisitions ,
Anti-Competitive ,
Department of Justice (DOJ) ,
Employment Contract ,
EU ,
Federal Trade Commission (FTC) ,
Mergers ,
New Guidance ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Risk Mitigation ,
Strategic Enforcement Plan ,
UK ,
UK Competition and Markets Authority (CMA) ,
Wage-Fixing
The FCA’s latest report into D&I highlights the need for additional metrics, social mobility, firm culture, staff development, data quality, and systematic strategies.
In 2021 and 2022, the FCA carried out a survey of...more
Sponsors are likely to explore share-based schemes and other plans to incentivise non-managerial staff.
Incentivising management with sweet equity and co-investment opportunities is a tried and tested strategy for buyout...more
10/25/2022
/ Corporate Management ,
Employee Benefits ,
Employee Stock Purchase Plans ,
Equity Compensation ,
Executive Compensation ,
Incentive Compensation ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Sponsors ,
UK
Worker classification, employee rights, and equal pay are among the issues that require careful consideration in light of recent and forthcoming changes.
The COVID-19 pandemic, and the growing emphasis on ESG metrics...more
6/25/2021
/ Corporate Governance ,
Corporate Social Responsibility ,
Employee Rights ,
Environmental Social & Governance (ESG) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Portfolio Companies ,
Private Equity ,
Uber ,
UK
Creative Uses of Collateral Present New Financing Opportunities for PE -
Raising fresh capital for portfolio companies in times of financial stress is always a delicate balancing act between attracting new lenders and...more
3/18/2021
/ Balance Sheets ,
Capital Raising ,
Collateral ,
Coronavirus/COVID-19 ,
Financing ,
Gaming ,
Initial Public Offering (IPO) ,
Investors ,
Private Equity ,
Private Equity Firms ,
Share Classes ,
Target Company ,
Venture Capital ,
Video Games ,
Whistleblowers
In a changing social landscape, PE firms should conduct corporate culture due diligence while also ensuring the implementation of robust complaints procedures. As global businesses react to the pandemic and social movements,...more
This article explores whether culture-oriented organisations may be missing an important trick by effectively overlooking the potential real-time interventional role of employees who observe a colleague’s inappropriate...more
The European Commission is seeking feedback on introducing regulations or guidance to ensure that EU competition law rules do not prevent self-employed workers from collectively bargaining.
On 6 January 2020, the European...more
Following the large-scale changes and challenges faced by firms during the initial phase of COVID-19, firms are beginning to consider what their operating model will be in the next phase and over the longer-term. For...more
The support will be backdated to 1 March 2020 and will be open for an initial three-month period.
The UK government announced on 20 March 2020 certain emergency protective measures which it billed as “unprecedented”, and...more
M&A deal teams should take note of heightened scrutiny of HR and employment practices by antitrust enforcers in the US and Europe.
No-poach, non-solicitation, and wage-fixing agreements - arrangements between companies...more
1/31/2020
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Corporate Liability ,
Department of Labor (DOL) ,
Due Diligence ,
Employer Liability Issues ,
EU ,
Human Resources Professionals ,
Merger Controls ,
Mergers ,
No-Poaching ,
Non-Solicitation Agreements ,
Risk Assessment ,
Risk Management ,
Share Purchase Agreements ,
Technology Sector ,
UK ,
Wage-Fixing
Buyout firms and portfolio companies should take note of heightened scrutiny of HR and employment practices by antitrust enforcers, both in the US and in Europe. No-poach and wage-fixing agreements — arrangements between...more
12/9/2019
/ Antitrust Division ,
Antitrust Violations ,
Competition Authorities ,
Contract Terms ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Authority ,
EU ,
France ,
Gun-Jumping ,
Ireland ,
Italy ,
Merger Controls ,
No-Poaching ,
Portfolio Companies ,
Private Equity Firms ,
Risk Assessment ,
Risk Management ,
Technology Sector ,
UK ,
Wage-Fixing
Los Estados Miembros deben trasponer la Directiva sobre Requisitos de Capital V antes del 28 de diciembre de 2020.
El 7 de junio de 2019, el Diario Oficial de la UE publicó el texto de la Directiva sobre requisitos de...more
Member States must implement the Capital Requirements Directive V by 28 December 2020.
On 7 June 2019 the EU Official Journal published the text of the Capital Requirements Directive V (CRD V), which introduced several...more
Companies operating in the “gig economy”, using a largely self-employed workforce, have enjoyed enormous growth in recent years and have made popular M&A targets. In the UK, these companies have come into conflict with...more
Companies that operate in the “gig economy”, using a largely self-employed workforce, have enjoyed enormous growth in recent years but in the UK, these companies have come into conflict with long-established UK employment...more
There is mixed opinion on the UK’s forthcoming gender pay reporting regime. Whether the new reporting obligations will help eradicate the UK gender pay gap (reported by the Office of National Statistics to be 19.2% in 2015)...more
Proposed new UK rules will tax carried interest in certain funds as income, with only specified funds entitled to capital gains treatment -
The UK government published draft legislation on 9 December 2015 amending the...more
UK Employment Appeal Tribunal’s decision could expose UK employers to claims of underpaying holiday pay in the past.
1. What are all the headlines about?
On Tuesday, 4 November 2014, the UK Employment Appeal...more
Changes to LLP member taxation and employee incentive schemes could have wide ranging implications for UK employers.
Background –
As always 6 April means a new UK tax year and a raft of employment and...more
Updates for UK listed and regulated companies on incoming “say on pay” rules, the UK challenge to the EU “bonus cap” and new guidance on AIFMD remuneration rules.
This Client Alert summarises three key developments...more